1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the Harris County Municipal Utility
1-4 District No. 386.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. CREATION. (a) A conservation and reclamation
1-7 district, to be known as the Harris County Municipal Utility
1-8 District No. 386, is created in Harris County, subject to approval
1-9 at a confirmation election under Section 10 of this Act. The
1-10 district is a governmental agency and a body politic and corporate.
1-11 (b) The district is created under and is essential to
1-12 accomplish the purposes of Section 59, Article XVI, Texas
1-13 Constitution.
1-14 SECTION 2. DEFINITION. In this Act, "district" means the
1-15 Harris County Municipal Utility District No. 386.
1-16 SECTION 3. BOUNDARIES. The district includes the territory
1-17 contained within the following area:
1-18 A tract or parcel of land containing 200.000 acres (8,712,000
1-19 square feet) of land out of the Andrew Lawson Survey, Abstract No.
1-20 509, Harris County, Texas, said 200.000 acres being more
1-21 particularly described by metes and bounds as follows with all
1-22 control referred to the 1927 Texas State Plane Coordinate System,
1-23 Lambert Projection, South Central Zone;
1-24 COMMENCING at an axle found at the northwest corner of the John
1-25 Brock Survey, Abstract No. 122, also being the northeast corner of
2-1 the Isaac Bunker Survey, Abstract No. 120, lying in the south line
2-2 of the Andrew Lawson Survey, Abstract No. 509, having a Texas State
2-3 Plane Coordinate Value of X = 3,097,761.69 (E), Y = 853,817.96 (N);
2-4 THENCE NORTH 88 degrees 24 minutes 13 seconds EAST, 721.18 feet to
2-5 a point;
2-6 THENCE NORTH 88 degrees 25 minutes 09 seconds EAST, 312.27 feet to
2-7 a point;
2-8 THENCE NORTH 88 degrees 27 minutes 01 seconds EAST, 211.70 feet to
2-9 the POINT OF BEGINNING and the southwest corner of the herein
2-10 described tract;
2-11 THENCE NORTH 01 degrees 34 minutes 50 seconds WEST, 2,000.08 feet
2-12 to the northwest corner of the herein described tract;
2-13 THENCE NORTH 88 degrees 25 minutes 10 seconds EAST, 4,355.60 feet
2-14 to the northeast corner of the herein described tract;
2-15 THENCE SOUTH 01 degrees 50 minutes 48 seconds EAST, 91.63 feet to a
2-16 5/8" iron rod found at an easterly corner of the herein described
2-17 tract, lying in the east line of said Andrew Lawson Survey, A-509,
2-18 also being the west line of the James Cooper Survey Abstract No.
2-19 189;
2-20 THENCE SOUTH 01 degrees 42 minutes 18 seconds EAST, 729.98 feet to
2-21 an easterly corner of the herein described tract;
2-22 THENCE SOUTH 01 degrees 42 minutes 23 seconds EAST, 1,178.56 feet
2-23 to a 1-inch iron pipe found at the southeast corner of said Andrew
2-24 Lawson Survey, A-509, also being the southeast corner of the herein
2-25 described tract;
2-26 THENCE SOUTH 88 degrees 25 minutes 10 seconds WEST, 1,356.53 feet
3-1 to a southerly corner of the herein described tract;
3-2 THENCE SOUTH 88 degrees 27 minutes 17 seconds WEST, 661.31 feet to
3-3 a southerly corner of the herein described tract;
3-4 THENCE SOUTH 88 degrees 24 minutes 42 seconds WEST, 2,340.36 feet
3-5 to the POINT OF BEGINNING, containing 200.000 acres (8,712,000
3-6 square feet) of land.
3-7 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature
3-8 finds that the boundaries and field notes of the district form a
3-9 closure. A mistake in the field notes or in copying the field
3-10 notes in the legislative process does not affect the organization,
3-11 existence, or validity of the district, the validity of its bonds,
3-12 notes, or other indebtedness, the right of the district to levy and
3-13 collect taxes, or the legality or operation of the district or its
3-14 governing body.
3-15 SECTION 5. FINDING OF BENEFIT. All of the land and other
3-16 property included within the boundaries of the district will be
3-17 benefited by the works and projects that are to be accomplished by
3-18 the district under powers conferred by Section 59, Article XVI,
3-19 Texas Constitution. The district is created to serve a public use
3-20 and benefit.
3-21 SECTION 6. POWERS. (a) The district has all of the rights,
3-22 powers, privileges, authority, functions, and duties provided by
3-23 the general law of this state, including Chapters 49, 50, and 54,
3-24 Water Code, applicable to municipal utility districts created under
3-25 Section 59, Article XVI, Texas Constitution. This Act prevails
3-26 over any provision of general law that is in conflict or
4-1 inconsistent with this Act.
4-2 (b) The rights, powers, privileges, authority, functions,
4-3 and duties of the district are subject to the continuing right of
4-4 supervision of the state to be exercised by and through the Texas
4-5 Natural Resource Conservation Commission.
4-6 (c) The district may not impose an impact fee or assessment
4-7 on the property, equipment, rights of way, facilities, or
4-8 improvements of an electric utility or a power generation company
4-9 as defined by Section 31.002, Utilities Code, a gas utility as
4-10 defined by Section 101.003 or 121.001, Utilities Code, or a
4-11 telecommunications provider as defined by Section 51.002, Utilities
4-12 Code.
4-13 SECTION 7. RELOCATION OF FACILITIES. The district may
4-14 relocate, raise, reroute, change the grade of, or alter the
4-15 construction of a highway, railroad, electric transmission line,
4-16 telecommunications or other public utility facility, pipeline,
4-17 canal, or drainage ditch if considered necessary by the board of
4-18 directors. The district shall pay for any relocation, raising,
4-19 rerouting, changing, or altering under this section, unless
4-20 otherwise agreed in writing by the interested parties. If a
4-21 facility is replaced, the cost of replacement is limited to an
4-22 amount equal to the cost of replacing the facility with a
4-23 comparable facility, less the replaced facility's net salvage
4-24 value.
4-25 SECTION 8. BOARD OF DIRECTORS. (a) The district is
4-26 governed by a board of five directors.
5-1 (b) Temporary directors serve until initial directors are
5-2 elected under Section 10 of this Act.
5-3 (c) Initial directors serve until permanent directors are
5-4 elected under Section 11 of this Act.
5-5 (d) Permanent directors serve staggered four-year terms.
5-6 (e) Each director must qualify to serve as director in the
5-7 manner provided by Section 49.055, Water Code.
5-8 (f) A director serves until the director's successor has
5-9 qualified.
5-10 SECTION 9. APPOINTMENT OF TEMPORARY DIRECTORS. (a) On or
5-11 after the effective date of this Act, a person who owns land
5-12 included in the district may petition the Texas Natural Resource
5-13 Conservation Commission to appoint the five temporary directors
5-14 listed in the petition. The commission shall appoint the directors
5-15 listed in the petition. If the commission receives more than one
5-16 petition under this subsection, the commission shall appoint the
5-17 directors listed in the first petition the commission receives.
5-18 (b) A person appointed to be a temporary director shall take
5-19 the oath of office as soon as practicable.
5-20 (c) If an appointee of the commission fails to qualify or if
5-21 a vacancy occurs in the office of temporary director, the Texas
5-22 Natural Resource Conservation Commission shall appoint an
5-23 individual to fill the vacancy.
5-24 (d) As soon as all temporary directors have qualified, the
5-25 directors shall meet and elect officers from among their
5-26 membership.
6-1 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
6-2 (a) The temporary board of directors shall call and hold an
6-3 election to confirm establishment of the district and to elect five
6-4 initial directors as provided by Chapter 49, Water Code.
6-5 (b) Section 41.001(a), Election Code, does not apply to a
6-6 confirmation and initial directors' election held as provided by
6-7 this section.
6-8 SECTION 11. ELECTION OF DIRECTORS. (a) On the first
6-9 Saturday in May of the first even-numbered year after the year in
6-10 which the district is authorized to be created at a confirmation
6-11 election, an election shall be held in the district for the
6-12 election of two directors to serve two-year terms and three
6-13 directors to serve four-year terms.
6-14 (b) The board of directors by order may postpone the
6-15 election date for two years if:
6-16 (1) the election will occur within 60 days after the
6-17 date on which the confirmation election is held; or
6-18 (2) the board determines that there is not sufficient
6-19 time to comply with the requirements of law and to order the
6-20 election.
6-21 (c) On the first Saturday in May of each even-numbered year
6-22 following the first election held under this section, the
6-23 appropriate number of directors shall be elected.
6-24 SECTION 12. COMPLIANCE WITH CITY ORDINANCE OR RESOLUTION.
6-25 Subject to the limitations of Section 54.016, Water Code, the
6-26 district shall comply with all valid and applicable requirements of
7-1 any ordinance or resolution adopted by the city council of the City
7-2 of Houston, including an ordinance or resolution adopted before the
7-3 effective date of this Act, that consents to the creation of the
7-4 district or to the inclusion of lands within the district.
7-5 SECTION 13. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
7-6 (a) The proper and legal notice of the intention to introduce this
7-7 Act, setting forth the general substance of this Act, has been
7-8 published as provided by law, and the notice and a copy of this Act
7-9 have been furnished to all persons, agencies, officials, or
7-10 entities to which they are required to be furnished by the
7-11 constitution and other laws of this state, including the governor,
7-12 who has submitted the notice and a copy of this Act to the Texas
7-13 Natural Resource Conservation Commission.
7-14 (b) The Texas Natural Resource Conservation Commission has
7-15 filed its recommendations relating to this Act with the governor,
7-16 lieutenant governor, and speaker of the house of representatives
7-17 within the required time.
7-18 (c) All requirements of the constitution and laws of this
7-19 state and the rules and procedures of the legislature with respect
7-20 to the notice, introduction, and passage of this Act are fulfilled
7-21 and accomplished.
7-22 SECTION 14. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act
7-23 takes effect September 1, 2001.
7-24 (b) If the creation of the district is not confirmed at a
7-25 confirmation election held under Section 10 of this Act before
7-26 September 1, 2003, this Act expires on that date.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1775 passed the Senate on
April 26, 2001, by the following vote: Yeas 30, Nays 0, one
present not voting; and that the Senate concurred in House
amendment on May 26, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1775 passed the House, with
amendment, on May 23, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor